Constitutional laws are those laws and rights which originate from the United States Constitution. These laws embody the rules and regulations that govern the country as well as the rights of the individuals who reside therein.
Constitutional laws regulate the local, state, and federal governments in the United States. These laws provide parameters for what the government is permitted to do and what it is prohibited from doing.
In addition, the Constitution outlines the basic rights of its citizens. In addition to the United States Constitution, each state has its own constitution that governs the citizens of that state.
Constitutional law is commonly associated with certain fundamental rights, including:
- Equal protection;
- The right to bear arms;
- Freedom of religion; and
- The right to free speech.
The United States Supreme Court is the authority on all issues related to constitutional law. The only way to override a decision which is made by the Supreme Court is a constitutional amendment that is approved by three-fourths of the states.
Constitutional lawyers are attorneys who assist clients by defending the United States Constitution as well as the rights and freedoms that are guaranteed to United States citizens. Constitutional lawyers play a meaningful role in protecting the freedoms within the U.S. as well as the rights and freedoms promised to its citizens in the Constitution.
In the United States, constitutional laws are supreme laws. Any other laws or rules that are created by Congress or a state cannot violate the Constitution.
A constitutional lawyer can support a plaintiff in litigation when a plaintiff believes their constitutional rights were violated.
What are Constitutional Rights?
There are several constitutional rights which are provided to citizens, including:
- Freedom of speech;
- Freedom of religion;
- The right to bear arms;
- Freedom from unreasonable search and seizure;
- Protection from self-incrimination;
- Due process of law as well as the right to a trial by jury for criminal charges; and
- Equal protection.
How is the Constitution Interpreted?
The United States Supreme Court is the final decision maker regarding any disputes related to the constitutionality of any issue. There are very few cases that actually make it to the supreme court.
The Constitution of the United States is a unique document that is considered by many individuals to be a living document that grows with societal changes. The Supreme Court will consider the issue that is before it, how the Constitution will apply to that issue, and similar cases from the past that may shed light on potential resolutions to the current issue.
If a fundamental constitutional right is at issue, the Court will review the issue using the standard of strict scrutiny. This means if a fundamental right is restricted, there must be a compelling governmental reason for that restriction that must be accomplished in the least intrusive or restrictive manner possible.
This is a high standard which is difficult to satisfy. Typically, governmental agencies do not prevail on these issues.
It is important to note that there are many states that have distinct processes regarding how constitutional law issues are handled. Because of this, it may be helpful to consult with a local constitution attorney who will be familiar with the way in which constitutional laws are applied locally.
What is the 14th Amendment?
The 14th Amendment contains numerous clauses that deal with rights of private citizens in relation to state and local governments. Some of the most commonly cited clauses of the 14th Amendment include:
- Citizenship Clause: This clause focuses on the definition of a United States citizen, mainly in relation to birthright citizenship;
- Privileges or Immunities Clause: This clause prevents the United States government from creating any laws that would deny citizens of their privileges or immunities;
- Due Process Clause: This clause requires the government to provide due process for citizens whenever it seeks to impose a burden on them or their property;
- This includes both procedural due process, such as providing fair notice, and substantive due process, including protections found in the Bill of Rights;
- Equal Protection Clause: This secures the right to be free from discrimination based on:
- sex;
- nationality;
- disability; and
- other characteristics; and
- Various other clauses: These include clauses regarding public debt and enforcement of constitutional laws.
What Does Due Process Mean?
As noted above, the 14th Amendment contains the due process clause. This is one of the most focused-on clauses of the amendment.
There are many landmark Supreme Court cases that deal with due process, including Roe v. Wade. In any case where a state or a state official seeks to impose a burden upon a citizen or upon their property, that state is required to provide the affected individual with due process.
There are two categories of due process, procedural and substantive. Procedural due process means that the government is required to provide an individual with:
- Notice;
- An opportunity to be subject to an oral hearing; and
- The right to a decision by a neutral decision maker.
For example, If the government seeks to take a portion of an individual’s land, called eminent domain, it must provide procedural due process by providing notice as well as just compensation prior to taking that land.
Substantive due process involves the securing of various fundamental rights that are listed in the Bill of Rights. A violation of substantive or procedural due process may prevent the government from imposing the burden upon the citizen.
What are Some Common 14th Amendment Legal Issues?
The 14th Amendment is one of the more broad sections of the Constitution. It covers a broad range of legal ideas and concepts.
Legal issues that commonly involve concepts found in the 14th Amendment include:
- Citizenship claims;
- School-related incidents, which often involve issues with due process;
- Discrimination lawsuits, which stem from the equal protection provisions in the 14th amendment; and
- Travel rights, pursuant to the privileges and immunities clause.
One legal claim may involve several different constitutional laws and issues. These types of cases may be difficult to sort out, especially when there are multiple violations in one case.
How Are 14th Amendment Disputes Resolved?
Lawsuits involving the 14th Amendment tend to involve broad, comprehensive policies or rules that may affect entire sectors of a community. This means that these types of lawsuits often result in overhauls or redoing of company policies, handbooks, and other similar measures.
For example, the remedy in an employment discrimination case may require an employer to redwrite their company hiring policies to reflect non-discriminatory hiring processes. 14th Amendment lawsuits may also be filed as class action lawsuits.
This may lead to significant damages awards which are issued to members of the class named in the lawsuit. For example, if the constitutional rights of an entire group in a community have been violated.
14th Amendment legal issues will often require intervention from a government agency. This applies especially in cases involving issues of equal protection and anti-discrimination provisions.
In many cases, a plaintiff will be required to file a complaint with an appropriate government agency before they are permitted to file a lawsuit. For example, when the plaintiff is required to file with the Equal Employment Opportunity Commission (EEOC) for a discrimination claim.
In certain cases, lawsuits may only be filed after an investigation by a government agency does not resolve the issue. In certain instances, a waiver may be provided that allows an individual to file a lawsuit prior to filing with an agency.
Violations of 14th amendment rights may lead to major legal remedies including a damages award or an injunction. For example, if an individual’s due process rights are violated by a government entity, the government may be required to return seized property or other similar remedies.
Do I Need a Lawyer for Help with 14th Amendment Legal Issues?
Constitutional law issues are often very complex. It may be helpful to consult with a government lawyer if you have a legal issue and you believe your rights may have been affected.
Your attorney can provide you with advice related to your claim and can also represent you during the court process. Your lawyer can also assist you with filing any required complaints with government agencies prior to filing a lawsuit.
